Arizona 2025 Regular Session

Arizona Senate Bill SB1403 Compare Versions

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11 REFERENCE TITLE: prescription drugs; price limits State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1403 Introduced by Senators Burch: Alston, Epstein, Fernandez, Gabaldn, Kuby AN ACT amending title 36, Arizona Revised Statutes, by adding chapter 42; relating to prescription drugs. (TEXT OF BILL BEGINS ON NEXT PAGE)
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99 REFERENCE TITLE: prescription drugs; price limits
1010 State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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6868 amending title 36, Arizona Revised Statutes, by adding chapter 42; relating to prescription drugs.
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7878 Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 42, to read: CHAPTER 42 PRESCRIPTION DRUGS ARTICLE 1. GENERAL PROVISIONS START_STATUTE36-4201. Definitions In this chapter, unless the context otherwise requires: 1. "Maximum fair price" means the maximum fair price for a drug as published by the United States secretary of health and human services pursuant to 42 United States Code section 1320f-4. 2. "Price applicability period" has the same meaning prescribed in 42 United State Code section 1320f(b)(2). 3. "Referenced drug" means a drug that is subject to a maximum fair price.END_STATUTE START_STATUTE36-4202. Limit on drug pricing; violations; remedies A. A person or entity that purchases a referenced drug in this state may not pay a price for the referenced drug that, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period. B. A person or entity that seeks reimbursement for a referenced drug that is delivered, dispensed or administered to a person in this state may not seek reimbursement for the referenced drug at a rate that, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period. C. A violation of subsection A or B of this section by any person constitutes an unlawful practice pursuant to section 44-1522 and is subject to enforcement by the attorney general. Each violation of subsection A or B of this section constitutes a separate unlawful practice. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7. D. In addition to the remedies specified in subsection C of this section, a person who is aggrieved by a violation of subsection A or B of this section may bring a private action for consumer fraud.END_STATUTE
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8080 Be it enacted by the Legislature of the State of Arizona:
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9898 3. "Referenced drug" means a drug that is subject to a maximum fair price.END_STATUTE
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100100 START_STATUTE36-4202. Limit on drug pricing; violations; remedies
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102102 A. A person or entity that purchases a referenced drug in this state may not pay a price for the referenced drug that, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period.
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104104 B. A person or entity that seeks reimbursement for a referenced drug that is delivered, dispensed or administered to a person in this state may not seek reimbursement for the referenced drug at a rate that, excluding any fee paid to a pharmacy for dispensing the referenced drug, is higher than the maximum fair price for that referenced drug during the price applicability period.
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106106 C. A violation of subsection A or B of this section by any person constitutes an unlawful practice pursuant to section 44-1522 and is subject to enforcement by the attorney general. Each violation of subsection A or B of this section constitutes a separate unlawful practice. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.
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108108 D. In addition to the remedies specified in subsection C of this section, a person who is aggrieved by a violation of subsection A or B of this section may bring a private action for consumer fraud.END_STATUTE